PROVA DA CONDIÇÃO DE SEGURADO ESPECIAL PARA ACESSO À APOSENTADORIA RURAL: DESAFIOS E PERSPECTIVAS NO CONTEXTO JURÍDICO BRASILEIRO

The present study aims to analyze the challenges and perspectives related to proving the condition of special insured status for access to rural retirement in Brazil. The study investigates the obstacles faced by rural workers in producing such proof, identifying the main associated judicial demands. Specifically, it seeks to understand the requirements for the granting of rural retirement in Brazilian law, identify the main challenges for proving rural worker status in both administrative and judicial contexts, and analyze judicial decisions and official documents to observe how the courts have addressed the issue. It was found that the absence of formal records, such as workbooks or contracts, is a factor that contributes to legal uncertainty and the denial of rights to these workers. Judicial decisions have played a fundamental role by adopting a more flexible stance in accepting testimonial evidence and alternative documents, aiming to ensure that rural workers are not penalized for the lack of formal documentation. However, there are still significant gaps between legislation and the reality faced by these workers, highlighting the need for more inclusive public policies to ensure full access to social security rights.

Authors

Publication Details

Journal
Revista fisio&terapia.
Published
2024-10-20
DOI
https://doi.org/10.69849/revistaft/pa10202410202007
Primary Topic
Brazilian Legal Issues
Type
article
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article

PROVA DA CONDIÇÃO DE SEGURADO ESPECIAL PARA ACESSO À APOSENTADORIA RURAL: DESAFIOS E PERSPECTIVAS NO CONTEXTO JURÍDICO BRASILEIRO

Juann Aryell Francisco de Holanda Abreu
Revista fisio&terapia.
Brazilian Legal Issues
article

PROVA DA CONDIÇÃO DE SEGURADO ESPECIAL PARA ACESSO À APOSENTADORIA RURAL: DESAFIOS E PERSPECTIVAS NO CONTEXTO JURÍDICO BRASILEIRO

Juann Aryell Francisco de Holanda Abreu
article en

Abstract

The present study aims to analyze the challenges and perspectives related to proving the condition of special insured status for access to rural retirement in Brazil. The study investigates the obstacles faced by rural workers in producing such proof, identifying the main associated judicial demands. Specifically, it seeks to understand the requirements for the granting of rural retirement in Brazilian law, identify the main challenges for proving rural worker status in both administrative and judicial contexts, and analyze judicial decisions and official documents to observe how the courts have addressed the issue. It was found that the absence of formal records, such as workbooks or contracts, is a factor that contributes to legal uncertainty and the denial of rights to these workers. Judicial decisions have played a fundamental role by adopting a more flexible stance in accepting testimonial evidence and alternative documents, aiming to ensure that rural workers are not penalized for the lack of formal documentation. However, there are still significant gaps between legislation and the reality faced by these workers, highlighting the need for more inclusive public policies to ensure full access to social security rights.

Revista fisio&terapia.
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Brazilian Legal Issues
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